Gopher Media LLC v. Melone ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GOPHER MEDIA LLC, et al., Case No. 21-cv-01909-BAS-WVG 12 Plaintiffs, ORDER GRANTING DEFENDANTS’ 13 v. UNOPPOSED Ex Parte APPLICATION TO EXTEND TIME 14 ANDREW MELONE, et al., TO RESPOND TO COMPLAINT 15 Defendants. (ECF No. 11) 16 17 18 19 Pending before the Court is Defendants’ ex parte application to extend time to 20 respond to Plaintiff’s Complaint. (ECF No. 11.) Ex parte relief may be granted where, as 21 here, “the party seeks a routine procedural order that cannot be obtained through a regularly 22 noticed motion,” such as extending time to file a brief. See In re ConAgra Foods, Inc., No. 23 CV 11-05379-MMM (AGRx), 2014 WL 12580052, at *2 (C.D. Cal. Dec. 29, 2014) 24 (holding that while “opportunities for legitimate ex parte applications are extremely 25 limited,” a party seeking a routine procedural order is one instance where the limited use 26 of the relief is allowed). A short, unopposed continuance of a deadline to respond to 27 pleading is routinely granted. Further, Defendants represent that Plaintiffs have been given 28 notice of the application that Plaintiffs do not oppose the requested extension. Good cause 1 || appearing, the Court GRANTS Defendants’ application. (ECF No. 11.) Defendants shall 2 ||respond to Plaintiff's Complaint on or before January 3, 2022. 3 IT IS SO ORDERED. 4 A 5 || DATED: December 29, 2021 yi Ug (Lyohaa 6 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28